Owners Corporation SP 22607 v Yang

Civil and Administrative Tribunal

New South Wales

Medium Neutral Citation:

Owners Corporation SP 22607 v Yang [2018] NSWCATCD 3

Hearing dates:

24 August 2017

Date of orders:

24 January 2018

Decision date:

24 January 2018

Jurisdiction:

Consumer and Commercial Division

Before:

T Simon, Senior Member

Decision:

(1) On or before 30 March 2018, the respondent, at her own cost, is to present to the Owners Corporation a common property rights by-law in relation to each of the unauthorised works, including (but not limited to) independent expert evidence that all unauthorised works have been done with due skill and care and in accordance with the relevant Australian standards, evidence that the works do not affect the structural stability of the building (including the removed wall). The applicant is not to unreasonably deny the making of the by-law.

(2) In the event that the above is not complied with then the respondent, must at her own cost remove the unauthorised works and restore the common property to its previous state and repair any damage to the common property by 30 April 2018.

(3) The respondent is to pay the applicants costs as agreed or assessed.

Catchwords:

STRATA – minor works – works affecting common property, unauthorised works.

Legislation Cited:

Civil and Administrative Tribunal Act 2013
Strata Schemes Management Act 2015

Cases Cited:

Nil

Category:

Principal judgment

Parties:

Owners Corporation SP 22607 (Applicant)
Julie Yang (Respondent)

Representation:

Solicitors:
Mr C Cunio (Applicant)
Ms Yang in person

File Number(s):

SC 17/08505

Publication restriction:

Nil

Reasons for the Decision

The Application

1. By application made on 16 February 2017, the applicant Owners Corporation was initially seeking orders for the ceasing and removal of unauthorised renovation works.

2. Mr Martin, the strata managing agent, appeared as a witness on behalf of the applicant. An interpreter also appeared for Ms Yang and she was also assisted by a friend Mr Anstead.

3. The matter had initially been listed for final hearing on 1 June 2017. On that occasion the respondent had not provided documents in accordance with the Tribunal directions. She stated at that hearing that she was unsure about what she needed to provide. The matter was adjourned on 1 June 2017 to facilitate negotiation between the parties, allow an inspection of the works and allow the respondent to obtain legal advice on what documents she should provide. The Tribunal also made further directions allowing for access for the applicant to inspect the works and for the exchange of documents

4. Documents were received by the Tribunal from the applicant on 7 April 2017 and 21 June 2017. Access had been given by the respondent to the applicant to inspect the works.

5. However, the respondent had again not provided any documents in accordance with the directions. The respondent confirmed that she had been waiting for her solicitor to talk with the other side and had left matters in the hands of her solicitor who had gone overseas and by the time the matter came for hearing had ceased acting for…